beta
(영문) 인천지방법원 2018.10.12 2018고정280

특수폭행

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A, around 21:00 on September 17, 2017, while drinking alcohol at D'C market in the Namdong-gu Incheon Metropolitan City's "C market," it became a foreigner on the ground that he/she was said to be a next table guest E., and then, he/she assaulted the victim's right-hand buck with the victim by displaying his/her problem, such as his/her own possession, which is dangerous goods in the southdong-gu, Incheon, and on the street.

Summary of Evidence

1. Legal statement of witness G;

1. The result of CCTV reproduction (a witness G citing shotics, such as CCTV images, and the witness G shots witnessing that a person who shots the defendant and his/her father shots himself/herself, and the defendant shots, and stated that there is no possibility that the defendant may be confused with others.

According to this, it is difficult to think that a person who discharges CCTV images is another person who is not the defendant.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;